Original Articles
V. 54 N. 3 (2005)
https://doi.org/10.4081/mem.2005.392
Nata come conseguenza di un errore professionale
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
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According to a recent verdict of the Supreme Court of The Netherlands, a teaching hospital and a midwife have to pay material and immaterial damages to a handicapped girl and her parents for having omitted prenatal diagnostics, notwithstanding the warning of the mother during pregnancy that the girl might suffer of genetic anomalies, occurring in the family. The Supreme Court qualifies the omission of prenatal diagnostics as a medical malpractice, as the timely discovery of the anomaly could have prevented the handicapped existence of the girl: non because a therapy exists, but because the parents would have chosen a procured abortion, knowing that the girl was handicapped. Therefore, through the omission of prenatal diagnostics the hospital and the midwife would have violated the right of selfdetermination of the parents to choose for a procured abortion. From the ethical of view it is, however, difficult to speak of a right of self-determination, because in a case of procured abortion the parents do not determine their own lives, but that of the unborn child, i.e. of another human being. The Supreme Court itself explicitly avoids to express a judgment on the value of the life of the handicapped girl, but attributes on the basis of Dutch law and jurisprudence to the parents the right to assess the value of the life of the unborn child from the physical or psychosocial view, without regard to the intrinsic value of human life. Apart from the fundamental problem, we could wonder which are the possible consequences of the sentence: beyond legal frameworks, is it excluded that the social acceptation of selective abortion may lead do a certain social pressure on parents of an unborn handicapped child to choose for that? When the omission of prenatal diagnostics could be qualified as medical practice in case a handicapped child is born, will hospitals, physicians and midwives not try to protect themselves against possible claims by performing prenatal examinations for minimal reasons and, perhaps, by recommending a procured abortion?
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Come citare
Nata come conseguenza di un errore professionale. (2005). Medicina e Morale, 54(3). https://doi.org/10.4081/mem.2005.392
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